Chicago Car Accident Lawyers Blog

Chicago Car Accidents Caused by In-Car Technology, NHTSA Warns

February 25, 2012 | By Dave Abels

There’s no need to go to the video arcade any more. Drivers can sit in their car and get pretty much the same experience with the plethora of gadgets, lights, sounds and video-game-like features. What we’re talking about are all the advancements of in-car technology. While most of these devices were designed to help ease the dangers of driving, experts are saying that in-car technologies are taking way too much driver attention off of our roadways and are actually making our roadways more dangerous for everyone.Now, the National Highway Traffic Safety Administration (NHTSA) is asking car makers to chill out with the in-car electronics to reduce driver distractions and to reduce the risks of car accidents in Illinois and elsewhere, according to the Chicago Tribune. The NHTSA is asking that all of these devices in SUVs and passenger vehicles be disabled while the car is in drive. Emergency warning systems would be exempt in the new proposal.

Our Chicago auto accident attorneys have these devices in our cars, too. Just like you, we have GPS devices and other technologies that are meant to simplify driving. Unfortunately drivers are easing up a little bit too much behind the wheel, and taking too much of their focus and attention off the road. It’s still just as important as ever to keep our full attention on the roadway and our surroundings. Driver awareness is still the number one defense against a car accident.

Under the NHTSA’s proposal, they’re asking car makers to voluntarily follow their new guidelines. These new guidelines ask carmakers to stop these devices from being used when the car is in drive. The point of this proposal is to get driver’s eyes off of these distractions and back onto the road. Drivers would still be allowed to operate in-car devices when the car is stopped and in park.

“The guidelines we’re proposing would offer real-world guidance to automakers to help them develop electronic devices that provide features consumers want without disrupting a driver’s attention or sacrificing safety,” said NHTSA Administrator David Strickland.

The auto industry has been following its own guidelines for in-car technologies since 2002. The NHTSA is hoping to strengthen the current guidelines.

Gloria Bergquist with the Alliance of Automobile Manufacturers said that it’s not uncommon to see drivers have conversations, listen to music and look at road maps when they’re behind the wheel. The newer in-car technology helps drivers to do this in a hands-free way that allows drivers to keep their focus on the road.

Strickland agrees, saying that drivers are going to do this stuff anyway. You might as well find a way to do it as safely as possible.
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Risk of Chicago Pedestrian Accidents Caused by Quiet Cars

February 20, 2012 | By Dave Abels

Soaring oil prices have led millions to seek an alternative to gas-guzzling vehicles. However, in their purchase of the more environmentally-friendly hybrid electric cars, drivers of these vehicles may be more prone to involvement in a Chicago pedestrian accident.

The reason is outlined in a study recently released by the National Highway Traffic Safety Administration.

Essentially, as our Chicago pedestrian accident lawyers understand it, it’s this: Hybrid vehicles make less noise. That means pedestrians are less likely to hear a hybrid vehicle when it’s backing up, turning or pulling into or out of a parking space or driveway.

In fact, when moving at slower speeds, hybrids are two times more likely than a gas-powered vehicle to strike a pedestrian.

At particular risk, according to study officials, are blind pedestrians. And those dealing with big-city traffic already face similar risks: If you don’t hear a vehicle above the din of traffic, you are more likely to be victimized by a driver who fails to yield or does not pay attention.

Advocates are calling for regulations that would require hybrid cars to install a sound-emitting device or sound-creating feature, so pedestrians could be alerted to oncoming traffic, according to a recent article on MSNBC.

The chairwoman of the National Federation of the Blind’s Committee on Automotive and Pedestrian Safety said she conducted an unofficial test herself in a parking lot, to see whether she could hear an approaching hybrid vehicle. Years of relying on her ears had given her a keen sense of hearing, which she was confident would detect the car.

It wasn’t enough.

“To my great dismay, I couldn’t hear it,” she was quoted as saying.

It’s likely to be an issue of increasing concern, as more and more, people are turning to hybrid vehicles. In fact, automotive research firms indicate that registration for new hybrid cars and trucks were up almost 50 percent across the country in the first six months of 2007, compared to the same time frame the year before. Almost 500,000 Priuses have been sold since they were released in 2000, and there are almost 900,0000 hybrid cars on the road today.

That number is only expected to increase.

The National Federation of the Blind has made several pleas to auto manufacturers, asking them to install some sound devices on hybrid cars. Some, like the makers of the Chevrolet Volt, have listened. Others have been slower to react.

A Toyota spokesman, however, said part of the appeal of Prius was the fact that not only did it have low carbon emissions, it also had a reduced level of noise pollution. He didn’t completely dismiss the concerns posed by the federation, but said the future would be about striking a balance.

But in fact, it’s not only blind people who have had close calls. One California woman in her 50s said she has 20/20 vision and has almost been hit by a hybrid – twice.

“I never realized how dependent I was on my ears until I almost got hit,” she was quoted as saying.

Until car manufacturers and regulators take action on this issue, it’s important for both motorists of hybrids and pedestrians to be aware of the problem, and travel with the appropriate caution.
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Chicago Car Accident Watch:Illinois Handheld Cell Phone Ban on Horizon

February 16, 2012 | By Dave Abels

A full ban on cell phones for Illinois motorists could be on the way, as part of an effort to prevent Chicago car accidents.

Lawmakers in the Illinois House of Representatives are currently haggling over a bill that would eliminate the use of handheld cell phones while driving, except in the instance of an emergency.

Our Chicago car accident attorneys are aware that distracted driving is a leading cause of thousands of fatal crashes in the country every year. In fact, about half of all drivers on the road at any given time are said to be distracted, according to the Governors’ Highway Safety Association.

As of today, the GHSA reports there are 9 states, as well as Washington D.C. and the Virgin Islands, which have laws banning all motorists from using handheld phones while driving. Of those, in all except for one (Maryland), the offense is considered primary, meaning an officer can stop you solely for talking on your handheld phone while driving.

While there aren’t any states that currently ban all cell phone use, including hands-free devices, there are restrictions against new drivers in 30 states (including Illinois), as well as Washington D.C. Additionally, school bus drivers in 19 states have to stay off their phones while students are on board.

The current bill is being considered by the Illinois legislature.

State Representative John D’Amico of Chicago was quoted by Chicago media outlets as saying it is a work in progress. He admits there is a vocal opposition, but he added that lawmakers faced similar outcry when enacting ban on texting and driving. That law already bans cell phone use for drivers under the age of 19. This new law would extend the latter part of the law to include everyone.

Even cell phone companies are in favor of the bill, as evidenced by a lobbyist who spoke at a recent committee meeting in Chicago. Still, the lobbyist did add there are other distractions of which drivers need to be mindful. He cited the time he had been rear-ended by a woman who turned around to talk to her children.

The bill wouldn’t be anything new for Chicagoans – local leaders already enacted a law banning cell phone use behind the wheel within city limits.

As the Chicago Tribune reports, though, there would be one major difference if the statewide law goes into effect. The citywide ban comes with a penalty of a ticket, where a driver who breaks the law would have to pay a fine. In the statewide bill, as it is currently written, a violation would be considered a moving offense, akin to a speeding ticket or running a red light. That means violators would rack up points on their licenses – or even lose their licenses – in addition to paying heavy fines, generally between $75 to $150 for people caught red-handed more than once.

D’Amico said the penalties may seem harsh, but he and other lawmakers wanted to ensure that motorists took heed. He worried it might not be effective and fewer people would be deterred if there were no serious consequences.

What the new law wouldn’t impede is drivers using hands-free or Bluetooth devices, which would allow drivers the opportunity to keep both hands on the wheel, and eyes on the road.

D’Amico reiterated that he’s not insisting everyone in Illinois discontinue their conversation, but he does want everyone to get to their destination safely.
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Lawmakers Take Aim at Drunk Driving in Chicago

February 11, 2012 | By Dave Abels

Federal lawmakers are mulling over whether to provide cash incentives for states that take a tougher stance against drunk drivers.

In an effort to reduce drunk driving accidents in Chicago and throughout the country, federal sponsors of the bill would offer millions of dollars to states that hand out stiff penalties to drunk drivers, even first-time offenders.

Our Chicago car accident attorneys have been following Washington D.C. news reports detailing the proposal to require first-time DUI offenders to install what is called an ignition interlock device.

These devices require the driver to blow into a breath machine, similar to those used by law enforcement during traffic stops. The person’s blood alcohol level is measured through their breath, and if the machine detects alcohol, the car ignition locks up, and the person is not able to drive.

Critics, such as the American Beverage Institute, have argued that the costs render the bill essentially a wash. Many states – Illinois included – have a program that utilizes the breath machines for people who have racked up multiple DUIs. The beverage institute argues that the expansion of the program to include all DUI offenders would cost states more than the money they would be receiving from the federal government.

Critics also say the bill is akin to bribing states that are in desperate need of money into a program that is far too restrictive.

The bill would earmark $500 million annually for grants aimed at improving highway safety. About 5 percent of that (about $25 million) would be doled out to states that accept the new, harsher DUI penalties.

Also in the bill is language that would outline specific punishments for repeat DUI offenders. The way the law is written now, judges have the right to insist a repeat DUI offender install the breath machine for a year, while allowing the offender to drive to school or work or to an alcohol treatment program. Or, the judge has the option to revoke the person’s license for a year. The new law would be very specific about the conditions under which an offender could drive.

In Illinois, a program implementing use of breath machines for repeat DUI offenders has been in place since 1994. It’s called the Breath Alcohol Ignition Interlock Device (BAIID) Program. People seeking a restrictive driver’s license after getting multiple DUIs are often required to have the device installed in their vehicle. The machine tests the driver’s blood alcohol level before the vehicle can be started, and also at various times while the person is driving.

It costs about $360, and usually must be used for about a year.

According to the advocacy group Mothers Against Drunk Driving, the average DUI offender drives drunk about 80 times before they are caught. As a result of their actions, more than 10,000 people die annually in the U.S. due to drunk driving crashes.

Suspending a person’s license often isn’t enough to deter drunk drivers. MADD additionally reported that anywhere from 50 to 75 percent of drunk drivers whose license have been suspended continue to flaunt the risk of arrest by continuing to get behind the wheel.

Wrong-Way Drunk Driver Kills Four in Chicago

February 9, 2012 | By Dave Abels

Four young men are dead as a result of a Chicago drunk driving accident.

Three of the young men had reportedly been out drinking at a club that night. The fourth, was a young father, was on his way to see his fiancee.

The vehicles collided in a fiery crash, which occurred while the accused drunk driver was heading the wrong way on I-80 in Hazel Crest.

A fifth man, a backseat passenger in the car full of club-goers, remains in critical condition at a nearby hospital, according to reports from NBC Chicago.

The early morning crash forced police to shut down the highway for six long hours, re-opening just after 8 a.m.

Our Chicago drunk driving accident lawyers know that any time a life is lost in such a senseless tragedy, family members and friends never quite recover. They may carry on their daily lives and responsibilities, but they know things will never be the same. To have this grief amplified by the loss of four lives is almost unimaginable.

Mothers Against Drunk Driving, outspoken advocates on the issue of impaired driving, report that every year, nearly 11,000 people are killed because of accidents in which a driver had been drinking. That breaks down to about one every 50 minutes.

In this case, four were lost in mere seconds.

According to news reports, a 29-year-old driver, and his friends had been hanging out at a club in Harvey, and were heading home around 2:15 a.m.

Investigators say he missed his exit. Rather than getting off at the next exit to turn around, he made an illegal u-turn to head east in the westbound lanes of the highway.

That’s when his Infiniti crashed head-on into the victim’s Ford Wagon, just between Kedzie Avenue and Toll Plaza 43.

Family members of the men were blindsided by the news.

The victim’s fiancee said she tried to call him that night to warn him that fog on the road was bad that night. She didn’t want him to risk getting into an accident to come see her. But when she dialed, there was no answer.

By the time she placed that call, the first responders were just starting to arrive.

Just as panic was beginning to set in, she got a call from his mother. He was gone.

The vast scope of this tragedy makes it appear rare. However, police say this is the second alcohol-related, wrong-way driving crash in a week, and the third in the last two months.

Earlier this month, investigators said an SUV was going the wrong way on Stevenson Expressway for nearly 6 miles before it crashed near Lake Shore Drive into another car. And last month, a driver heading the wrong way almost hit a state trooper on the Kennedy Expressway. The trooper was conducting a traffic stop near Kostner Avenue when another motorists swerved around the cruiser.

Factors Affecting Teen’s Risks for Car Accidents in Chicago and Elsewhere

February 7, 2012 | By Dave Abels

Teen drivers face some of the highest risks for car accidents in Chicago and elsewhere. There are a number of reasons for these risks. Two recent studies, released in the Journal of Adolescent Health, discuss two of the top factors — passengers and parents. Both of the studies produced results that support graduated driver’s licensing (GDL) programs and parental involvement.Our Chicago teen car accident lawyers know that teens can get a little bit ahead of themselves when they get behind the wheel of a motor vehicle. Often, teen drivers underestimate the dangers that they face on our roadways. The recent studies concluded that drivers typically have a better awareness of the risks they face when parents are actively involved in their driving habits, know where they are and set ground rules. The second study determined that other teenage passengers can increase your teen driver’s risks for an accident as they’re more likely to make illegal and aggressive driving maneuvers while other young passengers are present.

Both of the studies were led by researchers with the Center for Injury Research and Prevention at the Children’s Hospital of Philadelphia.

The first study examined 198 teen drivers who were ages 15 to 17. Researchers were exploring the teens’ desire to take risks, their perceptions of dangers and the amount of parental monitoring. In this study, researchers concluded teens who were more erratic at the wheel and those who failed to recognize dangers were typically the product of less-involved parents.

“The good news is that most of the teens in the study reported being aware of the risks of driving dangerously,” said lead author Jessica Mirman, Ph.D.

The second study examined accident reports from more than 675 drivers aged 16 to 18. In these accidents, it was revealed that male and female drivers react differently to passenger distractions. While one was not safer than the other, they were reacting in different way. Boy drivers who were in the car with passengers were most likely to speed, drive aggressively and perform illegal maneuvers just before an accident. Young female drivers who were driving with passengers were more likely to fidget with makeup, look at the other passengers, text message and eat while behind the wheel.

The study revealed that about 20 percent of young female drivers and about 25 percent of young male drivers were distracted just seconds before a serious accident.

The bottom line is there are factors that can decrease our young driver’s risks for accidents. A graduated driver’s licensing (GDL) program is the first of these factors. Young drivers should gain experience behind the wheel through a number of restrictive stages. They should be made to take on difficult tasks behind the wheel one phase at a time.

The second of the factors was parent involvement. When a parent keeps tabs on their child’s whereabouts and their driving habits, teens are more likely to recognize roadway dangers and alter their driving habits to accommodate these dangers.
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Officials Increase Enforcements to Reduce Risks of Drunk Driving Accidents in Illinois on Super Bowl Sunday

February 5, 2012 | By Dave Abels

Many residents will be cracking open a cold one for the start of the big game on Sunday — Super Bowl XLVI. Unfortunately, many of these residents will continue to crack them open through the entire game and then they’ll get behind the wheel of a motor vehicle and increase the risks of a drunk driving car accident in Illinois.Officials in Kane County and elsewhere throughout the state are preparing. They recently announced that they will be practicing a “no-refusal” drunk driving enforcement crackdown all day on Sunday, according to the Chicago Tribune.

Our Chicago drunk driving car accident lawyers understand that Super Bowl Sunday is an unofficial American holiday. Unfortunately, it’s also known as one of the most dangerous times to be on our roadways. To help combat these dangers, officers will be out conducting no-refusal sobriety stops, which is supplemented by prosecutors and judges who are on call to draft and serve warrants that force those who officers believe to be intoxicated to take a Breathalyzer test or a blood sample if they refuse. The department has recruited a phlebotomist to help with the enforcement efforts to draw blood on the spot.

The warrants are used to try to speed up the booking processes on those who are suspected to be intoxicated behind the wheel. The effort is targeting repeat offenders as well, who try to avoid prosecution by refusing to offer incriminating evidence. Refusing to take a Breathalyzer test is in fact illegal, but refusing to take one can often work to a repeat offender’s advantage. With a second conviction of drunk driving, a person faces a five-year driver’s license revocation instead of just a three-year suspension for refusing to take the test.

Don’t get your hopes up. Those who refuse to cooperate after they’ve been issued a warrant can face even tougher sentences and a contempt charge.

This is the eighth no-refusal enforcement effort for Kane County. Officials felt that it was necessary to hold one of these enforcement efforts on Super Bowl Sunday because the week before is one of the biggest annual period for alcohol sales — it’s also one of the biggest time for drivers to get behind the wheel after drinking.

“We want people to have fun, to watch the Super Bowl, to rate the commercials and to enjoy the camaraderie of family and friends,” said Joseph McMahon, Kane County State’s Attorney. “But when the game is over, safety and responsibility are in order. Impaired driving is not an option.”

The National Highway Traffic Safety Administration (NHTSA) reports that about 175,000 people across the country have pledged to be a designated driver during the upcoming Super Bowl. We would like to remind residents to either pledge to stay sober or to commit yourself to a friend or family member who agrees to be your designated driver.
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Illinois pedestrian accident attorney settles DuPage County lawsuit for $600,000

February 3, 2012 | By Dave Abels

Chicago pedestrian accident lawyer Gary Annes has reached a $600,000 settlement. The claim stems from a DuPage County automobile vs. pedestrian collision that occurred in Lyle, Illinois in November, 2008. Liability, was difficult and heavily contested in the case.

The pedestrian was struck at the intersection of Ogden Avenue and Center Avenue in an unmarked crosswalk. The intersection is near a METRA train station and frequently crossed by train passengers.

Our client was a pedestrian walking from the nearby train station to his automobile parked in a commuter parking lot. He crossed north from the southwest corner of the intersection toward the northwest corner. He safely crossed the two lanes of eastbound traffic and stood in the median waiting until it was safe to cross the westbound lanes. A car approaching in the centermost westbound lane stopped for him to cross. The pedestrian crossed in front of the stopped car, checked to his right to ensure that it was clear to cross the outside lane of westbound traffic. It was clear and he began to cross the last lane.

At the intersection there was a handicap ramp cut-out of the sidewalk and curb at Center’s intersection with Ogden. However, there was no marked crosswalk at the location and the accident occurred at night. Further, the westbound traffic had no stop sign.

The defendant, a seventy-eight year old gentleman, was driving westbound on Ogden Avenue approaching its intersection with Center Avenue. The pedestrian had safely crossed almost the entire outside lane of traffic and was only a step away from the edge of the road when Defendant struck our client with the front passenger side corner of his vehicle. The force of the impact threw him up on to the windshield of Defendant’s vehicle and then forward and to the right, landing directly in front of another vehicle. The plaintiff was found in a pool of his own blood and transported by ambulance to Good Samaritan Hospital.

The Lisle Police Department responded to the scene of the collision. The responding officer spoke with Defendant and a witness about the incident. Defendant admitted to the responding officer that he hit our client and stated that initially he thought he only struck a rock. Defendant admitted that he had not seen the pedestrian at any time before he struck him with his car.
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Truckers Required to Rest More by FMCSA to Help Reduce Risks of Trucking Accidents in Illinois, Nation

January 31, 2012 | By Dave Abels

Trucking accidents are a top concern for safety officials. What’s even more of a concern is tired truck drivers. According to the National Highway Traffic Safety Administration (NHTSA), there are roughly 100,000 police-reported accidents every year that are the direct result of a drowsy driver. These accidents result in nearly 2,000 fatalities, more than 70,000 injures and nearly $13 billion in monetary losses.

Those concerns are exacerbated when the driver is at the wheel of an 80,000-pound tractor-trailer.

Definitions of drowsy driving generally involve varying degrees of fatigue, sleepiness, and exhaustion. For the purpose of the discussion at hand, drowsy driving is simply driving in a physical state in which the driver’s alertness is appreciably lower than it would be if the driver were “well rested” and “fully awake.”Our Chicago trucking accident lawyers understand that truckers face some tough schedules on the job. These drivers are oftentimes traveling our roadways on little to no sleep. Products are in demand and truckers are responsible for delivering the goods. Unfortunately, this demand often leads to fatigued and dangerous drivers. To help to reduce these accidents and to keep truck drivers awake and on their toes, the Federal Motor Carrier Safety Administration (FMCSA) recently issued a new rule to cut down on the number of hours that truck drivers are allowed to spend behind the wheel.

“Trucking is a difficult job, and a big rig can be deadly when a driver is tired and overworked,” said U.S. Department of Transportation Secretary Ray LaHood.

The new hours of service (HOS) rule was finalized after the Administration held a number of public listening sessions across the nation. Within these sessions, trucking companies, employers, employees, safe driving advocates and members of the public were provided with an opportunity to bring up questions, comments and concerns regarding the issue and the dangers presented by tired truckers.

The Newly-Issued HOS Rule:

-Drivers’ approved work weeks have been reduced by 12 hours, from 82 hours to 70 hours behind the wheel in a seven-day period.

-Drivers are not allowed to drive for more than 8 consecutive hours without taking a 30-minute break.

-Drivers are allowed to take a 30-minute break whenever they feel it’s needed and whenever they feel drowsy.

-Drivers may drive only 11 hours a day. Researchers will be continuing research into the risks associated with an 11-hour work day.

-Drivers must rest for at least 2 nights when their 24-hour body clock demands sleep the most (from 1 to 5 a.m.).

-Drivers may use the restart provision once in a week.

-Fines for companies who violate the new rules will be strict. Companies can face maximum fines and punishments. Trucking companies can face fines of more than $10,000 for each offense. Drivers can face nearly fines of $3,000 for each offense.

Who is most at risk for drowsy driving?:

-People who drive after not getting enough sleep.

-Younger drivers. Drivers under the age of 30 are 4 times more likely to get into a drowsy driving accident.

-People who work long hours and shift workers.

-People who have undiagnosed or untreated sleep disorders. This accounts for roughly 40 million people.

-Business Travelers.
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Study Examines Distraction-Related Pedestrian Accidents in Chicago, Nation

January 30, 2012 | By Dave Abels

As our Chicago pedestrian accident attorneys recently reported, pedestrian accidents are a growing concern for safety officials. Despite record-low numbers of traffic fatalities in 2010, the number of serious and fatal pedestrian accidents actually increased.

Transportation For America recently released a study that attempted to pin some of the blame on pedestrians — specifically the growing popularity of headphones.The truth of the matter is that a vast majority of pedestrian accidents are the fault of the driver. Many components can contribute to these accidents, including drowsy driving, distracted driving, speeding and failing to obey traffic devices. Fatal pedestrian accidents caused by drivers are completely preventable.

Our Chicago pedestrian accident lawyers understand that traveling while engaging in distractions is never a good idea, whether you’re driving or walking. This is especially important along busy roadways, like the ones in our Chicago area. When traveling in these areas, you need all of your senses to travel safely. From 2000 to 2009, there were nearly 50,000 pedestrians who were killed while walking along U.S. roadways. But according to The University of Maryland, just 115 of these deaths were blamed on pedestrians wearing headphones. Driver distraction is much more likely to lead to serious or fatal pedestrian accidents.

You may remember the distracted pedestrian story from 2008 in which Barack Obama’s adviser, Valerie Jarrett, confessed that she fell off a Chicago curb while she was texting on her Blackberry.

“I didn’t see the sidewalk and I twisted my ankle,” said Jarrett. “It was a nice wake-up call for me to be a lot more careful in the future, because I clearly wasn’t paying attention and I should have.”

There are a number of ways to help reduce pedestrian accidents in Illinois. We need safer crosswalks. We need more driver awareness. Until we live in the “perfect” world with protected sidewalks for all, we’re asking for pedestrians to put their best foot forward in an attempt to help reduce the risks for an accident along our roadways and our sidewalks.

Pedestrian Safety Tips, from the City of Chicago:

-Always use a sidewalk or a path when one is available. If you have no other choice but to walk along the street, remember to do so while facing oncoming traffic so you and oncoming drivers can see one another. Just be sure to walk as far away from traffic as possible.

-Remember that other vehicles and standing objects can hinder a driver’s view. Make sure that you can see the driver before making any movements in the street.

-Make a plan to walk along routes that are clear of dangerous crossings.

-Make sure to look in all directions for oncoming traffic before crossing a street.

-Never rely on traffic signals.

-Keep a lookout for turning vehicles. In these instances, drivers are concentrated on making turns and not on pedestrian traffic. Look in all directions for these drivers as they come from all different directions. Always make sure that a turning driver sees you.

-Make sure that you understand the meanings of the crosswalk signals.
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